Supreme Court of India · 2019-08-07
M/S National Highways And ... vs M/S Bscpl Infrastructure Ltd
- Citation / case number
- AIRONLINE 2019 SC 2185
- Court
- Supreme Court of India
- Petitioner
- M/S National Highways And ...
- Respondent
- M/S Bscpl Infrastructure Ltd
- Author
- R. F. Nariman
- Bench
- Surya Kant, R. F. Nariman
Judgment text excerpt
The Supreme Court addressed whether an arbitration clause becomes effective upon acceptance of a Letter of Award (LOA) or requires signing a formal contract. The Court held that the arbitration clause in the draft agreement is activated by the acceptance of the LOA, referencing the precedent in PSA Mumbai Investments PTE. Limited v. Board of Trustees of the Jawaharlal Nehru Port Trust (2018) 10 SCC 525. The Court affirmed the Delhi High Court's decision to appoint an arbitrator based on the arbitration clause contained in the draft agreement.